Ashok Kumar Chaudhary v. Maninder Pal Singh & ORS

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 951/2017, CM APPLs. 39031-39032/2017, 41592/2017, 7691/2018 ASHOK KUMAR CHAUDHARY ..... Appellant Through:

Mr. Nishit Kush and Mr.Mercy Hussasin, Advs.

versus MANINDER PAL SINGH & ORS ..... Respondents Through:

Mr. A.K.Soni, Adv for R- 2.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 07.05.2018 CM APPL. 39032/2017 1.

The delay of 111 days in filing the appeal is condoned. 2.

Application is disposed of.

MAC.APP. 951/2017 3.

The appellant has challenged the award dated 28th March, 2017 whereby the compensation of Rs.4,79,243/- has been awarded to the claimants and recovery rights have been granted to Respondent No.2 to recover the award amount from the appellant on the ground that the driver was not holding a valid driving license at the time of accident. 4.

Learned counsel for the appellant submits that the driver of the offending vehicle was holding a valid driving license at the time of accident and the appellant checked the driving license of driver at the time of employment, verified the license from the concerned transport authority and also took a driving test of the driver before employing him.

5.

The appellant seeks permission to lead additional evidence. CM APPL. 7691/2018 is allowed and appellant is permitted to lead additional evidence before the Claims Tribunal. The recovery rights granted by the Claims Tribunal to respondent No.2 to recover the award amount from the appellant is set aside and the issue of recovery rights is remanded back to the Claims Tribunal. The Claims Tribunal shall record additional evidence of the appellant and thereafter afford an opportunity to respondent No.2 to rebut the same and, thereafter, pass a fresh order relating to the claim of the Respondent No.2 for recovery rights against the appellant. 6.

The parties shall appear before the Claims Tribunal on12th July, 2018. 7.

The record of Claims Tribunal be returned back. 8.

The appellant has deposited 25% of the award amount with the Registrar General of this court in terms of order dated 18th December, 2017. The Registrar General is directed to send FDR of the deposited amount to the Claims Tribunal and the Claims Tribunal shall retain the said FDR till the fresh order is passed. The Claims Tribunal shall pass a fresh order with respect to the disbursement of the FDR amount. 9.

The appeal is disposed of in above terms. Pending Applications are disposed of.

10.

Copy of this order be given dasti to counsels for the parties under the signatures of the Court Master.

J.R. MIDHA, J.

MAY 07, 2018 Pallavi